The Right of Way Section will, upon written request, assist in determining whether a subject relocatee is a temporary or permanent rest home patron.
This policy applies even though the relocatees "inherited" the subject property after the initiation concurrences writing awards on resume negotiations for the property. In any such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply.
Any tenants displaced as a direct result of such voluntary sale will be entitled to relocation benefits. If a substantial increase is noted, an adjustment will be made in the moving cost payment to eliminate payment for the items added after the property was acquired by the department.
If the displaced rest home does not relocate and does not continue in operation after displacement, and the permanent patron will be forced to relocate to a different rest home, the individual will normally be entitled to a rental subsidy payment computed as follows: Public housing can be offered to those being displaced from nonpublic housing if they are advised in writing of their right to nonpublic housing and do not object.
The procedure for determining the "affordability" of comparable replacement housing discussed in the preceding subparagraph for occupants with less than 90 days occupancy is fully applicable for subsequent occupants. Under this circumstance, the date that they are invited to execute the "free deed" will be accepted as the initiation of negotiations for the parcel.
Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business for purpose of reestablishment expense. Relocatees who qualify as owners due to having a life estate in the subject or by holding a long-term lease thereon can normally qualify for relocation payments, if they acquire at least the same interest in the replacement as they held in the subject.
Recommend potential exceptions to the above procedure on a case-by-case basis to the Right of Way Section. A relocatee could not be forced to sign and submit a relocation payment claim if the individual elects not to do so.
The payment will be based on the amount of personal property actually moved, unless it is obvious that the quantity of personal property was substantially increased after the property was rented to the relocatee by the department.
Students who occupy housing on a "year-round" basis, shall be entitled to the same moving cost payments as any other displaced tenant. When property owners are expected to donate right of way, they will not be presented a written offer. Any portion of a relocation housing payment necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate.
It does not include income received or earned by dependent children and full time students under 18 years of age. The department will begin collecting rent from the tenant at the end of the day possession period that is granted to the property owner.
The name of the "other party" should not be included as payee on the replacement housing payment check. It is not necessary for title to have actually passed to the subject relocatee under the procedure discussed in preceding subparagraphs b and c so long as a binding purchase contract is in effect.
If permanent patrons are forced to move to a new location at their own expense, and are not moved by the rest home owner as part of his business move, they shall be entitled to a routine residential moving cost payment based either on actual costs, or on the fixed-payment schedule, as the occupant of a furnished sleeping room.
The relocatee must be served notice to vacate at the time the property is needed for construction under the terms specified in the Extension of Possession Agreement, which will normally be days written notice. It is not necessary that the "other party" who owned an interest in the subject, but did not occupy it, also purchase an interest in the replacement.
Under some circumstances the succeeding head of household can execute the claim form. Permanent rest home patrons may own residential property occupied by others, or unoccupied. There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system.General Information Applicability of the Relocation Program (a) Missouri Department of Transportation Projects.
The Relocation Assistance and Payment Program is applicable to all.
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